New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-02-20
THE STEWART WILL CASE.
CHARGES AGAINST Ex,JUDGE HILTON
WHAT HORACE RUssELL SAYS ABOUT THE "ACRIs
MONIOUs COMPLAINT"


WHAT HORACE RUSSELL SAYS ABOUT THE "ACRls
MoNIoUs COMPLAINT"
| The announcement made yesterdaythat the will of
Mrs. A. T. Stewart Is to be contested gave the lawyers
| about town something to talk about Most Of them
not surprised to hear that efforts were to be made
| to have the document set aside, but many Of them
were unprepared for the charges of fraud made In
the complaint against ex- Judge Hilton. The prevail
ing belief Is that the testament is peculiarly suscept
ible OF annument by the courts owing to the vague
prominent lawyer expressed it yesterday:
Ii Is full OF holes sieve and II one half that
charged against Hilton can be proved II won't stand
any than the statue liberty would # balance
on the tip OF the torch"
The plaintiff in the action-Prescott Hall Buter-is
a member of the law firm of EvaIts Ch0ate Il Bea-
man. who will conduct the prosecution OF the case,
and 10 himself lawyer OF no small ability. He 10
who married Bs his
plant. which filed at the County Clerks Office on
Thu sday he alleges that all the portions OF the
codicil Of his aunts will which purport to devise to
Henry Hilton undivided halt OF her real estate were
obtained bv him through undue influence and fraud
and maintains that all the powers alleged to have
Deen conferred upon ex-Judge Hilton now vested
in the heirs-atlaw in OF intestacy, ana that
they are entitled to the possession OF the rents
and profits from the time OF Mrs Stewards death. He
charges that in gentory OF the vast property and
valuable art collections of A. T. Stewart has been
filed in the Surrogates Court and that such omissions
have been caused by Henry Hilton with the design,
his part OF concealng the amonnt ard value OF the
personal estate OF Mr. Stewart and OF thereby taci-
tating his fraudulent purposes.
1t s further ayerred that Mrs. Stewart scrut-
nized the papers submitted to her by ex-Judgc Hilton
and that be- from the time OF the death OF Mr. Stew
art began to put in execution and thereafter steadily
and continuously pursued. until the death OF Mrs.
Stewart. a scheme or schemes which he had forned
frauduentiy obtain tor himself and convert to hfs
personal and benefit great proportion OF the
property and estate devised and Dequcathed to Mrs.
Stewart"
tha hv Mr. nf laad furnu OyQ
to him the en- ire business and mills OF the firm OF A.
7. Stewart Co., and the forming OF a partnership
with William Libby, the surviving member OF the 6rm,
contrary to his duty as an executor. The deed wac
obtained. from Mrs. Stewart the complaint ALLEGES,
while she without other counsel on the dsy after
her husbands funeral, when she was overwhelmed
with grief in consequence OF his death Cash equal to
81 600. 900, goods valued at many millions, good
debts due the firm which would realize many mons
are described as the assets Of A. 7. Stewart Co.'S
business which have been absorbed BY MIR. Hilton
through the deed he obtained from Mrs. Stewart.
Charges also made that exJudge Hilton pro-
cured to himself deeds the Stewart Building, OF
mills and tracts of land ia Glenham ana Groyevills,
County Little Falls, Herkimer County Stuyvesant.
Columbia County; Franklin Essex County Nj;
Woodstock. Windsor County, VI, and Holyoke.
Mass. under the pretence that he carrying out
business transactions in the management OF Mrs,
Ste warts affairs, and that such Geeds were procured
from her by him through her utter confidence IN his
honesty whereas he derasding her and appropri-
atng her property to his own use. ,
The exJudge also accused OF fraudulenty obtain
ing deeds toI other valuable pieces OF property Tor
nominal sums which he never paid and the complains
saws that carrying out his schemes he kept pre-
tended set OF accounts with her wherein he has
debited her with the egaces bequeathed by her h1s-
hand and in which he has tailed to credit her with any
OF the vast amount of personal properly constituting
her husbands interests in the firm OF A. L. Stewart q
Co."
Alter making many other charges OF a similar char
acter against exJudge Hilton the complaint closes BY
demanding that all portions Of the will and codcii
which purport to give Henry Hilton onehalf o. Mrs.
Stewart estate be declared void and that all rents
and profits tbereirom since the death of Mrs stewart
be paid over the hers-at-law The appointment OF
receiver take charge those rents aud tho sale OF
the property required IN partition Is requested h.
had been perusing the 400 more or less loos o sne
e1uss IN TIE 's sarS q sas
had been beseigcd by anxious inquiries rom
to toe discuss Rrss the matter said he it is
the and that Is the proper place Tor
saSore 0 eoSp%n % and dAs ind % that the p.nS
anssr 1ss fs erecy esfs valid n the pa"
aG% nSc 0i i '4SSs" @ae o'' The % PURPOSE % Of he
Is Where enSaf iS the e resdaary estate
Judge Hilton set aside To accomplish this all this ex
The acrimonious charges in the comp lalnt arc
based the transfer Of the business OF Mr. Stewart TO M
death tG" in 1s7G. Mrs stewart made this transfer
not because Of any undue M or upon % any oe s here
Self said She had received personally and directly from
her husband. And why should this not be so! Mr. stew
art and Mr. Hilton had been closely assocacd ior more
than twenty years they dined together nearly every
sunday. AS Mr.. Stewart had no relatives OF
he knew or cared for. is it strange
and that should have wished his property 10 20 10 ne
one whom his wife. he most cared for Tha was
at least the controlling motive for the TRANSFER Aside
from that property Mrs Stewart had millions enough &
left TO provide her relatives certainly as amply as they
had reason TO expect, and she did so provide
for them in her will: All OF her relatives, as
| am informed. knew OF the transfer OF $50 anu was
aware of the for It, II was perfectly open maj
ter and all the published at the time rhe ques
ton appears 10 be largely whether tcstaor can
do as he plelses with his own and the decisions OF
ally of late on that matter Inere naso rn 1esn 9e
plenty OF attacks on the wills o, nen men
and DARE Say ,eatHs i9sy w u uufotanni
and unpleasant such ltgations should occur but
they are necessary il well TO take them with al tho
philosophy which human nature can extract from tnem
The answer TO- this complaint VIII ne mel nea
Then Judge Hilton will have opportunity to reply IN
a court OF justice to the charges and nnuendoes
which the plaintiff has seen fit to indulge IN In THIS ex
tensve document" c..,
Charles j. Clinch, who with Mrs J. Lawrence smith
inherits one-half the residuary estate, Is at Pau
said that he perfectly satisfied with the Will ana aoes
not sympathize with the cones'ans s Yas,.riav ~ hc
said, that he had no time to taik Iut.hes ,s%i
ABOUT the matter Mr. Hilton referred inqulrets 70 ms
counsel . ,, s.o ooo IA, On. ,,,,, NJ
Ms stewart who some before her death gave MIA
Butler the opposite the Stewart mansion Saed -
$500 600 income OF $l0 900 each was also given ~
er's sons were also benenciares, and MIS-: Butter 70
ceived 100000. The sums thus given 10 Mr. buleF1
familr IT is stated would make him millionaire